Commonwealth Consolidated Acts

HEALTH INSURANCE ACT 1973 - SECT 106XA

Opinion formed by Committee or Determining Authority

  (1)   If, in the course of the performance of functions or the exercise of powers under this Part, a Committee or the Determining Authority forms the opinion that conduct by a practitioner has caused, is causing, or is likely to cause, a significant threat to the life or health of any other person, the Committee or the Authority, as the case may be, must give to the Director a written statement of its concerns, together with the material, or copies of the material, on which its opinion was based.

  (2)   If the Director receives, from a Committee or the Determining Authority, a statement and material under subsection   (1) in relation to conduct by a person, the Director must send the statement and material to:

  (a)   a State or Territory body that is responsible for the administration of health services or the protection of public health and safety in the State or Territory in which the conduct occurred; and

  (b)   each appropriate person or body for the person (see subsection   (4)).

Opinion formed by Director

  (3)   If, in the course of or in connection with the performance of functions or the exercise of powers (whether by the Director, the Director's nominee, a Committee or the Determining Authority) under this Part   in relation to a person who renders professional services, the Director forms the opinion that any conduct by the person has caused, is causing, or is likely to cause, a significant threat to the life or health of any other person, the Director must:

  (a)   prepare a written statement of his or her concerns; and

  (b)   attach to the statement the material, or copies of the material, on which his or her opinion is based; and

  (c)   send the statement and material to:

  (i)   a State or Territory body that is responsible for the administration of health services or the protection of public health and safety in the State or Territory in which the conduct occurred; and

  (ii)   each appropriate person or body for the person (see subsection   (4)).

Meaning of appropriate person or body

  (4)   For the purposes of paragraph   (2)(b) and subparagraph   (3)(c)(ii), an appropriate person or body for a person who renders professional services is a person or body that:

  (a)   is specified in the regulations; and

  (b)   has the power to take action against the person.

Application to former practitioners

  (5)   This section applies as if:

  (a)   a reference in this section to a practitioner included a reference to a person who has been a practitioner; and

  (b)   a reference in this section to a person who renders professional services includes a reference to a person who has rendered professional services.